Where there are reasonable grounds for believing that a person is a victim of trafficking, that person shall not be removed from the United Kingdom until the process for determining whether they are such a victim is complete.

(6)

A period of three months shall be granted to a person who has been identified as being a victim of trafficking for recovery and reflection, during which time no immigration enforcement measures shall be taken against that person.

(7)

Renewable residence permits of up to six months' duration may be granted to victims of trafficking."

A court empowered by this Act to recommend deportation shall consider exercising that power following the conviction of a foreign criminal within the meaning of section 31 of the UK Borders Act 2007."."

55

Page 16, line 24, after "must" insert "have regard to a court recommendation for deportation in respect of a foreign criminal but in any case may"

LORD AVEBURY
LORD DHOLAKIA

56

Page 16, line 25, at end insert "unless he decides that the deportation is not conducive to the public good"

After Clause 31

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

57

Insert the following new Clause

"Deportation: compensation

A person convicted of an offence and made subject to a deportation order either under the provisions of section 31 or otherwise may not be awarded compensation in respect of any period spent in custody following their conviction, whether the period in custody formed part of their sentence or not."

Clause 32

LORD JUDD
BARONESS STERN

58

Page 17, line 6, leave out "conviction" and insert "the offence"

Clause 33

LORD JUDD
BARONESS STERN

59

Page 17, line 42, leave out "at a time chosen by the Secretary of State" and insert "as soon as possible following the person's period of imprisonment and in any event within three months of that date"

Clause 34

LORD AVEBURY
LORD DHOLAKIA

59A*

Page 18, line 27, leave out "does not" and insert "shall"

59B*

Page 18, line 29, leave out from "2007" to end of line 34

Clause 35

LORD AVEBURY
LORD DHOLAKIA

The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.

After Clause 35

LORD JUDD
LORD HYLTON
BARONESS STERN

60

Insert the following new Clause

"Detention by the Secretary of State

(1)

Section 62 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (detention by Secretary of State) is amended as follows.

(2)

In subsection (1) after the word "person" in the first line insert the words "aged eighteen years or over".

(3)

After subsection (3) insert

"(3A)

A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall only apply to a person aged eighteen years or over."."

LORD JUDD
BARONESS STERN

61

Insert the following new Clause

"Detention: dependent children

(1)

After section 10(5) of the Immigration and Asylum Act 1999 (c. 33) (removal of certain persons unlawfully in the United Kingdom) insert

"(5A)

Where a person may be removed under subsection (1)(b) or (c), that person may not be detained for more than seven days if accompanied by a dependent child and no such detention shall take place for any of those seven days until a satisfactory welfare assessment has been carried out by a local social services department.".

(2)

After paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (detention of persons liable to examination or removal) insert

"(2A)

Where a person may be detained under sub-paragraph (1), (1A) or (2), no detention shall take place for more than seven days if that person is accompanied by a dependent child and no such detention shall take place for any of those seven days until a satisfactory welfare assessment has been carried out by a local social services department."."

Clause 43

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

62

Page 23, line 41, after "constable" insert "including a constable in the UK Border Police Force established under section (Establishment of UK Border Police Force)"

After Clause 46

EARL OF LISTOWEL
BARONESS ANELAY OF ST JOHNS
LORD JUDD

63

Insert the following new Clause

"Border and Immigration Agency

Border and Immigration Agency: reports on children in detention

(1)

The chief executive of the Border and Immigration Agency shall make a report to the Secretary of State on all children detained as a result of the activities of the agency.

(2)

Reports made under subsection (1) shall be made each month and shall include information on those detained for all or any part of the preceding month.

(3)

Reports made under subsection (1) shall include information on

(a)

the number of children detained,

(b)

the length of time each child has been or was detained (including information on lengths of previous periods of detention),

(c)

the number of children whom the agency have attempted to deport but who remain in the United Kingdom,

(d)

the age of each child,

(e)

the country of origin of each child, and

(f)

for each child, details of relatives resident or detained in the United Kingdom including the locations of those relatives.

(4)

The Secretary of State shall, as soon as possible following the receipt of each report made under subsection (1), lay before Parliament a summary of the report omitting from it all information from which it would be possible to identify any of the individual children detained.

(5)

Reports made under subsection (1) shall detail the total number of children detained at the end of each of the preceding twelve months.

(6)

For the purposes of this section a child is any person aged under 18 years at any point during the month prior to the making of the report under subsection (1)."

EARL OF LISTOWEL
LORD JUDD

64

Insert the following new Clause

"Border and Immigration Agency: forced return of children

(1)

In discharging his functions in relation to detention or deportation of children, the Secretary of State shall ensure that the following guidelines are observed

(a)

children should only be detained as a measure of last resort,

(b)

children should be detained for the shortest time possible, and

(c)

the best interest of the child shall be a primary consideration in the context of the detention of children pending removal.

(2)

For the purposes of this section a child is any person aged under 18 years."

Clause 47

BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN

65

Page 26, line 12, at end insert "in particular, those who claim that they have been trafficked into the United Kingdom,"

66

Page 26, line 12, at end insert

"( )

practice and procedure in relation to the conditions imposed under the provisions of section 16,"

67

Page 26, line 30, leave out subsection (4) and insert

"(4)

The Chief Inspector shall have the power to investigate individual cases."

"1 (1) Immigration officers for the purposes of this Act shall be appointed by the Secretary of State, and he may arrange with the Commissioners of Customs and Excise for the employment of officers of customs and excise as immigration officers under this Act.

(2)

Medical inspectors for the purposes of this Act may be appointed by the Secretary of State or, in Northern Ireland, by the Minister of Health and Social Services or other appropriate Minister of the Government of Northern Ireland in pursuance of arrangements made between that Minister and the Secretary of State, and shall be fully qualified medical practitioners.

(3)

The Secretary of State may direct that his function of appointing medical inspectors under sub-paragraph (2) is also to be exercisable by such persons specified in the direction who exercise functions relating to health in England or Wales.

(4)

In the exercise of their functions under this Act immigration officers shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Secretary of State, and medical inspectors shall act in accordance with such instructions as may be given them by the Secretary of State or, in Northern Ireland, as may be given in pursuance of the arrangements mentioned in sub-paragraph (2) above by the Minister making appointments of medical inspectors in Northern Ireland.

(5)

An immigration officer or medical inspector may board any ship or aircraft for the purpose of exercising his functions under this Act.

(6)

An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship or aircraft and anything on board it, or any vehicle taken off a ship or aircraft in which it has been brought to the United Kingdom."."